Irv's Truck Line, Inc. v. Commonwealth, Department of Highways

DAVIS, Commissioner.

On August 12, 1963, a tractor-trailer rig owned by appellant was damaged when it fell through a bridge over Hanging Fork Creek on Highway 1194 in Lincoln County. Appellant made claim against the Department of Highways before the Board of Claims; the Board denied recovery. Upon appeal to the circuit court, the Board’s action was affirmed, and this appeal followed.

The material facts are substantially undisputed and may be thus summarized: The gross weight of appellant’s tractor-trailer unit was 34,750 pounds. The load limit for the highway was 30,000 pounds. Appellant had no…